Ngāi Tahu gets seats on ECan
In an historic piece of legislation, Parliament has voted to allow unelected members appointed by Nga¯i Tahu to join elected representatives on Environment Canterbury (ECan).
The two Nga¯ i Tahu appointees will have full voting powers, and will take their seats following this year’s ECan election. The two new members will be added to the 14 elected ECan members, taking the number of seats to 16.
A large delegation from Nga¯ i Tahu, including kaiwhakahaere (chair) Lisa Tumahai and kauma¯tua Sir Tipene O’Regan, was in the parliamentary gallery to see the law passed.
They celebrated with a waiata and a haka as soon as the bill was passed.
Tumahai said it was a “historic moment” for Nga¯i Tahu, and iwi around Aotearoa, giving them “official seats at the council table as mana whenua of Waitaha (Canterbury)”.
Spokesperson for the delegation, Taumutu runanga chairwoman Liz Brown, said it was a very exciting day. “This is the treaty partnership in action. It is something that has been a long time coming.”
Brown said the bill challenged the collective idea of fair democracy “rather than the conventional model which can be a popularity contest”.
“Sometimes to address inequity, we must take a different approach to the status quo which tends to favour the majority.”
ECan chair Jenny Hughey described it as ‘‘a significant milestone’’ that would lead to better environmental outcomes.
“We want and need mana whenua to contribute to decisionmaking at the council table with their vast knowledge of the local environment.”
The local bill was introduced on behalf of ECan by Rino Tirikatene, MP for Te Tai Tonga. It was previously defeated as a private member’s bill in 2019.
Yesterday evening South Canterbury Federated Farmers’ president Greg Anderson said they supported Ma¯ ori representation on ECan, but thought it should be done democratically.
”We think the people should be elected, not appointed by corporate Nga¯ i Tahu.”
Both National and Act voted against the bill.
Tirikatene told Parliament at the bill’s final reading that it reinstates mana whenua representation at regional council level.
‘‘Nga¯ i Tahu are entitled to this representation because that is the promise of Te Tiriti o Waitangi,’’ he said.
‘‘This is the modern day expression of that promise.’’
Ma¯ ori Development Minister Willie Jackson said the change was a maturing of democracy.
‘‘We seek to frame co-governance as a positive way forward,’’ Jackson said.
‘‘This is not some Ma¯ori takeover ... this is about positive partnership.’’
National’s justice spokesman, Paul Goldsmith, said the law change followed ECan deciding not to consult its ratepayers.
It ran against the principles of equal suffrage, accountability at the ballot box and people having a say in who ruled them, he said.
It would create a precedent, he said, and he promised National would repeal the law if it won the next election.
Goldsmith said the change was very different from the
National government’s 2010 appointment of ECan commissioners, which had been a temporary step by elected representatives.
Act MP Simon Court said the law created a conflict of interest. He said Nga¯i Tahu as a large ‘‘very successful’’ business with many interests across property, fishing, farming and forestry, would be making decisions about what people can use their land, what consents are granted and how public funds are spent.
National MP Gerry Brownlee said the law should have been passed as a Government bill making the same offer to other councils, rather than using a backdoor process.
The new law brings back the decision-making input Nga¯ i Tahu had temporarily until a fully elected council was reinstated in 2019 after nine years of commissioners.
Since 2019 ECan has had two tumu taiao – mana whenua experts appointed by the 10 Canterbury Papatipu Ru¯ nanga chairs. The pair, Yvette CouchLewis and Iaean Cranwell, advise ECan at council and committee meetings but do not have a vote.
Brown said Nga¯ i Tahu would advertise the roles within a week, with a panel from all 10 runanga interviewing candidates. The chosen appointees will hold their
seat for three years, and will be required to report back.
‘‘We will run a robust selection process. We want the best people.’’
The Ma¯ ori Affairs select committee received almost 1700
submissions on the bill earlier this year. Opposing submissions centred mainly on claims that appointing iwi members would be undemocratic, divisive, lead to conflicts of interest, or create a Ma¯ ori elite or a form of apartheid.